HB 121

1
A bill to be entitled
2An act relating to the collection of court-related fees,
3service charges, costs, and fines by circuit courts and
4county courts; amending s. 938.30, F.S.; requiring certain
5persons who owe court-related fees, service charges,
6costs, and fines to appear before the court; amending s.
7938.301, F.S.; requiring each circuit court to implement
8the Comprehensive Court Enforcement Program; amending s.
9939.185, F.S.; requiring the clerk of courts to record in
10the official record a certified copy of any court order
11imposing additional court costs; providing that the court
12order constitutes a lien against the person upon whom the
13costs are imposed and attaches as a lien on any real and
14personal property owned by the person; providing an
15exception; requiring the Legislature to establish a joint
16select committee to review methods of collecting court-
17related fees, service charges, costs, and fines used by
18circuit courts and county courts; providing for
19appointment of committee members; providing for
20designation of a chair and vice chair; requiring the
21committee to submit recommendations for a uniform
22statewide method for collecting such court-related fees,
23service charges, costs, and fines; providing an effective
24date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsection (2) of section 938.30, Florida
29Statutes, is amended to read:
30     938.30  Financial obligations in criminal cases;
31supplementary proceedings.--
32     (2)  The court shall may require a person who is not a
33state inmate and who is liable for payment of an obligation to
34appear and be examined under oath concerning the person's
35financial ability to pay the obligation. The judge may convert
36the statutory financial obligation into a court-ordered
37obligation to perform community service after examining a person
38under oath and determining a person's inability to pay. Any
39person failing to attend a hearing may be arrested on warrant or
40capias which may be issued by the clerk upon order of the court.
41     Section 2.  Section 938.301, Florida Statutes, is amended
42to read:
43     938.301  Judicial oversight and jurisdiction.--The
44Comprehensive Court Enforcement Program shall may be implemented
45as supplementary proceedings in each any judicial circuit by the
46chief judge of that circuit. Judges in such circuits shall have
47jurisdiction to carry out the provisions of this section act in
48criminal cases to ensure compliance with court-imposed financial
49obligations.
50     Section 3.  Paragraph (d) is added to subsection (1) of
51section 939.185, Florida Statutes, to read:
52     939.185  Assessment of additional court costs and
53surcharges.--
54     (1)
55     (d)  The clerk of courts shall cause a certified copy of
56the court order imposing such costs to be recorded in the
57official records, which shall constitute a lien against the
58person upon whom the costs are imposed, and shall attach as a
59lien on any real and personal property owned by the person. Any
60lien created against real and personal property is enforceable
61in the same manner as provided by law. A lien created under this
62section does not attach to, or make subject to execution of levy
63or foreclosure, any real or personal property otherwise exempted
64by s. 4, Art. X of the State Constitution.
65     Section 4.  The Legislature shall establish a joint select
66committee to review the methods currently used by each circuit
67court and county court in this state to collect court-related
68fees, service charges, costs, and fines. The committee shall
69consist of 13 members, of whom five shall be senators appointed
70by the President of the Senate, with three being members of the
71majority party and two being members of the minority party, and
72eight shall be representatives appointed by the Speaker of the
73House of Representatives, with five being members of the
74majority party and three being members of the minority party.
75The committee chair and vice chair shall be designated jointly
76by the President of the Senate and the Speaker of the House of
77Representatives. The committee shall review for a period of 1
78year methods used by the circuit courts and county courts in
79this state to collect court-related fees, service charges,
80costs, and fines. The committee shall determine how these funds
81may be used to create designated funding for the judiciary,
82after which the committee shall submit recommendations to the
83President of the Senate and the Speaker of the House of
84Representatives as to an effective uniform statewide method for
85collecting court-related fees, service charges, costs, and fines
86to be mandated for all circuit courts and county courts and
87clerks of such courts.
88     Section 5.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.